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HomeMy WebLinkAbout2021 Ordinance No. 0421 BY AUTHORITY ORDINANCE NO. 42 COUNCIL BILL NO. 35 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE REPEALING TITLE 2, CHAPTER 11, SECTIONS 1 THROUGH 6 - ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) OF THE ENGLEWOOD MUNICIPAL CODE 2000 WHEREAS, Englewood Municipal Charter §36 allows the Englewood City Council to repeal ordinances; WHEREAS, the Englewood City Council passed Ordinance No. 5, Series of 2001 establishing the Alliance for Commerce in Englewood, ("ACE") as an advisory group to the Englewood City Council; WHEREAS, the ACE was focused on the creation of an environment in the City in which existing businesses and new businesses could prosper; WHEREAS, in 2020 downtown area Englewood voters approved the formation of the Englewood Downtown Development Authority (EDDA), which is designed to work with the City and its partner economic development organizations in the development of new businesses and support existing businesses; WHEREAS, with the creation of the EDDA, and the City's partnership with the Greater Englewood Chamber of Commerce, the reasons for ACE no longer exist; WHEREAS, the members of ACE voted at their June 9, 2021 meeting to disband the Authority, and to no longer function as an advisory group to the Englewood City Council; WHEREAS, on July 6, 2021 the Chair for ACE appeared before Council to discuss the dissolution of ACE and showing his, as well as the board's, support for the EDDA and the Chamber and their missions to support and develop existing and new businesses within the downtown and throughout the community; and WHEREAS, City Council has directed staff to bring forward an ordinance to repeal Title 2, Chapter 11, Sections 1 through 6. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. In accordance with Englewood Municipal Charter §36, the City Council of the City of Englewood, Colorado hereby finds that Ordinance No. 5, Series 2001 has fulfilled the need of supporting existing Englewood businesses, and providing opportunities for new businesses to prosper. DocuSign Envelope ID: 2A2C6C05-2866-4340-8449-F4DF28C03A87 2 Section 2. Ordinance No. 5, Series 2001 in Section 1 above is hereby repealed, and the powers granted to the Alliance for Commerce in Englewood by such ordinance is hereby dissolved, all in accordance with Englewood Municipal Charter, and the Laws of the State of Colorado. Section 3. The following general provisions shall apply to interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47, Introduced, read in full, and passed on first reading on the 7th day of September, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of September, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of September, 2021. DocuSign Envelope ID: 2A2C6C05-2866-4340-8449-F4DF28C03A87 3 Read by Title and passed on final reading on the 20th day of September, 2021. Published by Title in the City’s official newspaper as Ordinance No. 42, Series of 2021, on the 23rd day of September, 2021. Published by title on the City’s official website beginning on the 22nd day of September, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 42, Series of 2021. Stephanie Carlile DocuSign Envelope ID: 2A2C6C05-2866-4340-8449-F4DF28C03A87